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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. ......ned 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 advertised the posts of two Professors in the Department of Architecture on 22.06.1993. The respondent No.1 as wel...... 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. ..Category: Employment/Service Law | Date: | Hits: 87
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....itle stating, inter alia, that the suit land along with other lands originally belonged to Monindra Nath Mondal, the defendant No.2 in raiyati right who sold the suit land to the plaintiff by registered kabala dated 23.04.1970 and since then the plaintiff has been in possession of the same.......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. ......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. ..Category: Property Law | Date: | Hits: 35
Government of the Peoples Republic of Bangladesh Vs. Sree Subas Chandra Sarker , 2006, 35 CLC (AD)
.... Zamindari Estate, that said Birendra Kishore Roy Chowdhury being satisfied with the service of the plaintiff's father Suresh Chandra Sarkar gifted to him the property in suit on May 31,1958 by the registered deed and put him in possession of the property so gifted, that plaintiff's father Sures......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. ......s Chandra Sarker being dead his heirs: Indira Rani Sarker.....Respondent Judgment April 6, 2006. Cases Referred to- Perusal Rani Sen Gupta Vs. Bangladesh (1983) 3 BLD(AD) 277; Bangladesh, represented by the Secretary, Ministry of Housing and Public Works and an..Category: Property Law | Date: | Hits: 43
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. ......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 lastly was transferred as Director (current charge) Phones, Dhaka Telecommunication Regio......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. ..Category: Others | Date: | Hits: 97
Government of Bangladesh Vs. Israt Jahan Kazal, 2006, 35 CLC (AD)
....the Government not to treat the suit properly as abandoned properly but with no effect. Md. Karim and Md. Khaleque then sold the disputed property to the plaintiff’s father on 30.06.1980 by a registered kabala. Ai the time of purchase of the suit property the plaintiffs father was not aware......ur above discussions, we are of the view that the judgment of the High Court Division requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......lip;………………………….Respondent Judgement March 24, 2004. Case Referred to- Mirza Shahab Ispahani, 40 DLR (AD) 116. Lawyers Involved A. J. Mohammad Ali. Additional Attorney General, instructed..Category: Property Law | Date: | Hits: 34
Bangladesh Krishi Bank Vs. A.F.M. Farid Uddin and others, 2006, 35 CLC (AD)
....he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ......04.1994 passed by the Administrative Appellate Tribunal, Dhaka in Administrative Appeal No. 80 of 1992 dismissing the appeal. 2. Short facts are that the respondent No.1 was promoted to the post of deputy General Manager in the appellant-Bank which was established under the Bangladesh Kri......he impugned order of compulsory retirement of the Respondent No.1 and as such the same requires interference by us. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Administrative Law | Date: | Hits: 90
Sree Promad Chandra Barman & others Vs. Most. Khodeza Khatun Bewa and others, 2006, 35 CLC (AD)
.... before C.S. Operation and C.S. Record has been correctly prepared in their names. Then-further case is that Basanta Kumar transferred some ands in favour of Haladhar, defendant No.1 and Bharat by registered deeds dated 13.05.1944, 06.03.1945 and 05.03.1948. The defendants got possession in the ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ......y, the High Court Division committed error of law in making the Rule absolute, which requires interference by this court. The appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 37
Md. Abdul Mannan Akanda Vs. Md. Lutfar Rahman and others, 2006, 35 CLC (AD)
....eful possession of the suit property stating, inter alia, that the property originally belonged to Ganjela Roy who sold the property to One Rahimuddin Sarker and the aforesaid Rahimuddin Sarker by registered haba-bil ewaj dated 25.11.1980 transferred the property to the plaintiff-respondent and ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ......t been filed fulfilling the requirement of Rule 4 of order XXVI (Part-IV) of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988. The civil review petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
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. ......Secretary, Ministry of Finance by filing written objection denying the material averments made in the application and stating, inter alia, that the respondent made unusual delay in joining his new posting and he did not arrange to get his diplomatic passport from the Ministry of Foreign Affairs ......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. ..Category: Administrative Law | Date: | Hits: 123
Pubali Bank Limited Vs. Bangladesh, 2006, 35 CLC (AD)
...., are that the property as stated hereinbefore belongs to the Respondent No.3, M/s. Lazaf Commercial Corporation Ltd. (hereinafter in short the Corporation), that the said Corporation is a Company registered in the then East Pakistan, that in 1972 when the shareholders of the Corporation st......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ......ourt as not abandoned property. 21. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 38
Abdus Salam Vs. Samala Bibi and others, 2008, 37 CLC (AD)
....t on oath and thereafter on the basis of inquiry report, the Magistrate issued summons against the accused-persons including the petitioner and thereafter issued warrant of arrest and the case was registered as G.R. Case No. 19 of 1996 under sections 420/406/468/471 and 109 of the Penal Code. Th......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ......nations offered for condonation of delay are far from satisfactory. 10. In the aforesaid premises, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 37
Guru Charan Mondal and others Vs. Sree Bhaba Sindhu Sarkar and others, 2008, 37 CLC (AD)
....led Title Suit No. 106 of 1975 for declaration of their title in the suit land measuring 13.79 acres. The plaintiffs claimed that heirs of original owners sold the suit land to one Chapala Bala by registered kabala dated 9.5.1927 and thereafter, by another registered kabala dated 22.8.1949, four ......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ......not prevail over the title of the plaintiffs, we do not find any reason to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 113
Capt. Mir Mazharul Huq Vs. Bangladesh Biman Corporation And Others, 2008, 37 CLC (AD)
.... The appeal is allowed with the aforesaid direction to the Respondents. There is no order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 21. ......on that it was expedient to retire the appellant from service as he admittedly developed problem in his eyesight and that though the physician recommended for grounding him but as there was no post equivalent to his status and pay where he could have been profitably employed, as such th......an Corporation Employees (Service) Regulations, 1979 came up for consideration in the case of Bangladesh Biman Corporation Vs. Lt. Col. (Rtd) Md. Zainul Abedin and others reported in (2000) 20 BLD (AD) 230. Regulation 11A(2) reads as follows: "The Corporation may, if ..Category: Employment/Service Law | Date: | Hits: 79
Sahera Khatun & others Vs. Abdur Rahim SK and another, 2008, 37 CLC (AD)
....hul Amin CJ. - This appeal, by leave, has been filed against the judgment and order dated May 29, 2000 of a Division Bench of the High Court Division in Criminal MiscellaÂneous Case No. 3493 of 1995 registered upon an application filed under section 561A of the Code of Criminal Procedure seeking qu......try. In the background of the discussions made hereinabove, we find no merit in the appeal. Accordingly, the appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 21. ...... 1926 PC 100; Malik Fateh Khan vs Nazibullah Khan 9 DLR WP 40; SM Lutfullah vs Bibi Badrunnessa 20 DLR 1019; Ajit Kumar Sarkar vs Radhakanta Sarkar 44 DLR 533; Nur Ahmed vs Kalimuddin Ahmed 1987 BCR (AD) 152; Chitta Ranjan Das alias Chitta Ranjan Sinha vs Shashi Mohan Das 56 DLR 276 and Abul Hossain..Category: Criminal Law | Date: | Hits: 48
Abdus Salam Mollah Vs. State, 2008, 37 CLC (AD)
....em to imprisonment for life and to a fine of Taka 10,000 each, in default to suffer rigorous imprisonment for further 2 years. 6. The reference so made by the learned Additional Sessions Judge was registered in the High Court Division as Death Reference No. 35 of 2002. The three convicts namely, ......trial Court and affirmed by the High Court Division. The appellant be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 14. ...... Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â August 20, 2007. Result: The appeal is allowed. Cases Referred to- Bhuponi Shahu vs King AIR 1949 PC 257; Lutfun Nahar Begum vs State 27 DLR (AD) 29; Babor All Molla vs State 44 DLR (AD) 10; Ustar Ali vs State 1998 BLD (AD) 43 = 3 BLC (AD) 53..Category: Criminal Law | Date: | Hits: 63
Shahanaz Begum Vs. Md. Kutubuddin and others, 2008, 37 CLC (AD)
....of the Title Suit No. 220 of 2006. As against the said order of the trial Court revisional application was filed before the Court of District Judge and thereupon Civil Revision No. 400 of 2006 was registered and in the said civil revision the learned District Judge by' the order dated August 28,......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ......rused the materials on record. 8. We d0 not find any reason to interfere with the judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 31
Abdul Motalib Vs. Iman Ali Mollah and others, 1990, 19 CLC (AD)
....ight of pre-emption does not accrue on the date of execution of the deed of sale or any earlier date or the date of presentation of the deed for registration but the date on which the deed of sale is registered and the title effectively passes. After presentation of the deed for registration before ...... Court and the lower appellate Court correctly decided the issue of limitation. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 123. ......imuddin Pramanik V. Najemuddin Mondal, 17 DLR 231; Azimuddin Bhuiyan V. District Registrar, Dhaka 20 DLR 355; Abdur Rahman V. Baser Ali, 21 DLR 599; Abdur Rahman @ Abdul Rahman V. Maklis Ali, 31 DLR (AD) 118; Lebu Miah V. Ganesh Chandra, 34 DLR (AD) 220; Aftab Mia V. Wahab Ali, BCR 1982 AD 87; Jainu..Category: Procedural Law | Date: | Hits: 119
Mahmudun Nabi (Md) Vs. Mafizur Rahman Manju and others, 1989, 18 CLC (AD)
....onnection with the contract business and deposit them into his account. The ApÂpellate Court disbelieved the story that the ResponÂdent No. 1 had sold away his share of the partnership firm by an unregistered deed dated 2.2.85. Now the question is whether it was the partnership or proprietory firm...... of 1988. 2. The moot question in this appeal is whether the respondent being engaged in one on-going proÂject of the Upazila Parishad as a contractor was disÂqualified to be a candidate for the post of the ChairÂman under section 6(2)(f) of the Local Government (Upazila Parishad and Upazila A...... election and continued after the election. As such he comes within the mischief of law as a disqualified person. Cases Referred to— Md. Mostafa Hossain Vs. Md. Faruque and another BLD 1988 (AD) page 170; Australasia Bank Ltd. Vs. Messrs H.S. Mahmood Hassan Akbar and others PLD 1983 Karachi..Category: Election Law | Date: | Hits: 134
Sree Shushil Ranjan Dutta Vs. Al-Haj Moulvi Idris Mia, 1986, 15 CLC (AD)
....t succeed, the claim for pre-emption on the basis of a contiguous owner of the kabala lands would be barred by limitation." 9. The reasons need scrutiny. The kabalas dated 25-9-78 and 9-11-78 were registered on 30-9-81 and 31-10-81 respectively. The pre-emption application was filed on 25-11-81, ......result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ......ment. In the result, therefore, these appeals are alÂlowed. The judgment and order of the High Court Division are set aside. No order as to costs. Ed. This case is also reported in: 42 DLR (AD) (1990) 110. ..Category: Procedural Law | Date: | Hits: 84
Abdul Jabbar Dakua Vs. Kanchan Ali Sikder and others, 1989, 18 CLC (AD)
.... the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ....... The Election Commission in its order obÂserved that it was satisfied from the inquiry report that a number of intending candidates were prevented from filing their nomination papers to contest the post of chairman of their respective Union Parishad by coercion and force used by armed miscreants. ......hts also. For the reasons stated above, the appeal is allowed and the impugned judgment and order are set aside. There will be no order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 101. ..Category: Election Law | Date: | Hits: 112
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