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Bangladesh Italian Marble Works Ltd. and another Vs. Bangladesh, 1999, 28 CLC (AD)
....ation dated 24.8.77 deleting the Cinema Hall from the list of abandoned properties and releasing the same in favour of appellant no. 1. He submits that the High Court Division did not consider this part of his submission effectively and properly. 11. Both Mr. Mahbubey Alam and Mr. Akhtar ......ommit any illegality in passing the impugned judgment and order. The appeal is dismissed without any order as to casts. Ed. This Case is also Reported in: II ADC (2005) 553. ..Category: Property Law | Date: | Hits: 39
Aminul Haque Shah Chowdhury and others Vs. Abdul Wahab Shah Chowdhury and others, 1999, 28 CLC (AD)
....earned Advocate further submits that from the materials on record it would appear that the appeal was dismissed for default due to no fault of the appellant respondent but due to laches on the part of his Advocate. The appellant respondent was not informed by the learned Advocate about the d......g the appeal to its original file and number. There is therefore no merit in these appeals. Both the appeals are dismissed. Ed. This Case is also Reported in: II ADC (2005) 548. ..Category: Trust/Waqf Law | Date: | Hits: 226
Zakir Hossain and another Vs. State, 2008, 37 CLC (AD)
....sted witnesses mentioned in the charge sheet without assigning any cogent reasons. That P.W.s 1, 2, 3, 5, 7 and 8 are eye witnesses of the occurrence. The so-called eye witnesses are interrelated, partisan and interested witnesses and as such, their evidence must be closely scrutinized before it......ccurrence, sent the dead body of deceased Ruhul Amin to morgue for autopsy, seized alamots, recorded statement of witnesses under Section 161 of the Code of Criminal Procedure and on completion of investigation submitted charge sheet against FIR named accused persons under Sections 341/114/302/ ..Category: Criminal Law | Date: | Hits: 47
Abdul Malek Mollah Vs. Md. Abdul Salam Moral and another, 2009, 38 CLC (AD)
....oduced documents marked Exhibits- 'Ka' and 'Kha'. 5. The trial Court on consideration of the materials and evidences on record and the submissions of the learned Advocates of the contesting parties decreed the suit against the defendant No.1 and ex parte against the rest directing the de....../- as paid in advance, although no payment was made and that the defendant lodged an F.I.R., registered as Joydebpur P.S. Case No.17 (11) 93 under Sections 406 and 420 of the Penal Code and during investigation three stamp papers were recovered from the house of Humayun and that the defendant ne..Category: Property Law | Date: | Hits: 34
State Vs. Jahedul Islam @ Moulavi Banu, 2009, 38 CLC (AD)
....ntence mainly on the ground of delay in lodging the F.I.R., extraction of confession by the Magistrate after a prolonged detention of the accused respondent in police custody and for failure on the part of the trial court to bring the confessional statement to the notice of the accused responden...... Accordingly, the appeal is allowed with modification of sentence (section 304 Part-I (10 years). Ed. This Case is also Reported in: 29 BLD (AD) (2009) 47. ..Category: Criminal Law | Date: | Hits: 58
Bangladesh Vs. Abbas Ali Munshi , 1997, 26 CLC (AD)
....r, who made a settlement of the same with the plaintiff in 1946 and since then the plaintiff has been possessing the same. The suit property has wrongly been recorded in favour of the forest department of the Government of East Pakistan, who have no right, title and interest therein. ......the decrees of the High Court Division as well as the lower appellate court are set aside and that of the trial court is restored. Ed. This Case is also Reported in: II ADC (2005) 497. ..Category: Property Law | Date: | Hits: 35
Ful Meher Bibi Vs. Abdul Wahab and others, 2005, 34 CLC (AD)
....passed by a Division Bench of the High Court Division in Civil Revision No. 2951 of 1998 making the Rule absolute. 2. Short facts are the plaintiffs instituted Title Suit No. 285 of 1980 for partition in the 1st Court of Subordinate Judge (now Joint District Judge), Dhaka, impleading Ful ...... summons was not duly served upon her. In view of the discussion above, the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 486. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh Vs. Abdur Rahman and others, 2005, 34 CLC (AD)
....a Araishaprosad along with other lands were declared as protected forest under Gazatte Notification No. 14177 dated 17.07.1937 and since then the suit land is in peaceful possession of the Forest Department and the Forest Department planted various valuable trees. The further case of the defenda......erence by this court. The appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 129; II ADC (2005) 476; 14 MLR (AD) (2009) 147...Category: Property Law | Date: | Hits: 42
Md. Abdul Jabbar Vs. Governor, Bangladesh Bank and ors., 1998, 27 CLC (AD)
.... 27 November 1995 passed by the Appellate Division in Civil Petition No. 425 of 1995). Judgment Bimalendu Bikash Roy Choudhury J.- This appeal arises out of a petition for review of a part of the order passed by this Court in C.P.L.A. No. 425 of 1995 whereby the leave petition was d......lary from the date of his dismissal to the date of his resumption of duty," be restored. There shall be no order as to cost. Ed. This Case is also Reported in: II ADC (2005) 471. ..Category: Employment/Service Law | Date: | Hits: 83
Md. Shamsul Huda Vs. Bangladesh and others, 1999, 28 CLC (AD)
....ntiff- the People's Republic of Bangladesh - respondent instituted O.C. Suit No. 102 of 1973 against defendant No. 1, Md. Shamsul Huda and defendant No. 2 Benode Lai Roy for declaration that the ex parte decree passed in O.C. Suit No. 35 of 1969 for specific performance of contract and the deed o......gment and decree dated 16,7.91 of the High Court Division without any order as to costs and restore those of the trial court. Ed. This Case is also Reported in: II ADC (2005) 440. ..Category: Property Law | Date: | Hits: 23
Export Promotion Bureau and another Vs. Md. Nazmul Hossain and others, 2004, 33 CLC (AD)
....ation stating, inter alia, that the writ petition as framed and for the reliefs is not maintainable. It also does not lie on questions of disputed facts coupled with suppression of material facts apart from unusual delay on the part of the petitioner. That the petitioner made statement in the wr......f the powers conferred by section 20 of the Ordinance was published in the Bangladesh Gazette on 24.9.1991 as such the proceedings under Government Rules and Ordinance was authorized. ..Category: Employment/Service Law | Date: | Hits: 105
Bangladesh Vs. Chowdhury Tanbir Ahmed Siddiky, 1997, 26 CLC (AD)
....This appeal by leave, has been filed by Bangladesh against the judgment and order dated 30 June 1988 of a Single Bench of the High Court Division in Civil Revision No. 896 of 1973 setting aside in part the order of abatement of Title Suit No. 81 of 1968 made by the learned Subordinate Judge......y order as to costs. The judgment and order of the High Court Division be set aside and the order of the trial court be restored. Ed. This Case is also Reported in: II ADC (2005) 283. ..Category: Property Law | Date: | Hits: 43
ACKO Industries and Cold Storage Ltd. and another Vs. Pubali Bank Ltd. & others, 1997, 26 CLC (AD)
....ing to Tk. 1,8,324/32 paisa, on 21.9.96 the defendant filed an application in the trial court for accepting the deposit of 50% of Tk. 1064/-. That is the deficit court fees paid by the plaintiff as part of the decretal costs and accordingly by Chalan No. 3183 dated 21.9.96 deposited Tk. 532/- in ...... order of the High Court Division and direct the High Court Division to register the appellants appeal preferred before him. Ed. This Case is also Reported in: II ADC (2005) 380. ..Category: Civil Law | Date: | Hits: 87
Hussain Muhammad Ershad Vs. Bangladesh and others, 2000, 29 CLC (AD)
....angladesh for his treatment in England and to re-enter Bangladesh after such treatment in violation of his fundamental right as guaranteed under Article 36 of the Constitution. For such acts on the part of the respondent we are left to no other alternative but to observe that not only the order of......are hereby directed to return the passport to the appellant immediately. There will be no order as to costs. Ed. This Case is also Reported in: II ADC (2005) 371, 7 BLC (AD) 67, 2001 BLD (AD) 70...Category: Constitutional Law | Date: | Hits: 208
Begum Khodeza Akhter Vs. Hajera Khatun & ors., 1985, 14 CLC (AD)
....Act No. XXIII of 1949), section 24 Pre-emption In pre-emption cases under section 24 of the Non-Agricultural Tenancy Act, 1949, the central point of controversy between the contending parties was whether the disputed jama was actually separated by an order of a competent revenue au......limitation and other as to partial pre-emption, have been finally decided in favour of the Pre-emptors. No order as to costs. Ed This Case is also Reported in: 37 DLR (AD) (1985) 212. ..Category: Property Law | Date: | Hits: 35
Ketaki Ranjan Deb Vs. State, 1983, 12 CLC (AD)
....ied in accordance with the provision of President's Order No.50 of 1972. In the result the appeal is dismissed. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 210. ......972 (President’s Order No. 50 of 1972) section 6 (c) and (e) of the General Clauses Act Clause (c) and (e) of section 6 of the General Clauses Act are clear enough to dictate that any investigation or legal proceedings started under the repealed statute, will not be affected by the ..Category: Criminal Law | Date: | Hits: 51
Abdul Matin Chowdhury Vs. Chapala Rani Sen and others, 1984, 13 CLC (AD)
....suit land for a consideration of Tk.18, 750/00. Subsequently, it came to light that there had been some mistake in the record of right of the land contracted for sale and accordingly in the later part of 1963 a Baina was made after making over possession of the suit land along with the other lan......dingly it is set aside and the decree of the First Appellate Court is restored. The appeal is allowed with costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 205, 1985 BLD (AD) 172...Category: Property Law | Date: | Hits: 40
Shafiullah and others Vs. Sultan Ahmed Mir, 1985, 14 CLC (AD)
....merger is effected when the entire interest of the proprietor/permanent tenure holder is the same person. The Bengal Tenancy Act, 1885 (VIII of 1885), Section 22 (2) It provides for partial merger which takes place if a co-sharer landlord acquires the raiyati interest under h......d that of the trial Court is restored. In view of the nature of the questions involved we do not make any order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 193. ..Category: Property Law | Date: | Hits: 55
Md. Moshahaq Ali Mia & ors. Vs. Rabeya Khatun and anr., 1985, 14 CLC (AD)
....gistered as has been noticed already. In this view of the matter the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 190. ......k stamp papers on the plea of mutating the heba land and the sale-deed was created fraudulently. The appellate court below considered the scope of section 77 of the Act and concluded that the investigation in such suit should be confined to the question whether or not defendant No.1 had exe..Category: Property Law | Date: | Hits: 25
Syed Kawsar Ali Vs. Gahar Kazi & ors., 1985, 14 CLC (AD)
....ellip;……………..Respondents Judgment March 18, 1985. The Registration Act, 1908 (Act No. XVI of 1908), section 28 Under section 28(2), no party to a registered deed is entitled to question validity of the registration on the ground that ......rder of the High Court Division is set aside and those of the appellate court below restored. Ed. This Case is also Reported in: 37 DLR (AD) (1985) 177. ..Category: Property Law | Date: | Hits: 36
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