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Dr. Abdur Rahman and others Vs. Bangladesh, 1978, 7 CLC (AD)
....rightly exercised their revisional jurisdiction in setting aside the order of the learned Subordinate Judge. The result therefore is that the appeal is dismissed with costs. Ed. ......1967 the Board of Revenue issued a notice purporting to cancel the recognition of the appellants or their predecessors as tenants, and that in March, 1968 a notice for eviction of certain persons from the disused lands was issued by the respondent under the East Bengal Act X of 1953. It..Category: Property Law | Date: | Hits: 36
Abdur Rob Mollah Vs. Shahabuddin Ahmed and others, 2006, 35 CLC (AD)
.... evidence. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ...... and order passed in Miscellaneous Appeal No.7 of 1989. 9. It may be mentioned the process server who went to the locality of the Respondents (in Miscellaneous Appeal No.7 of 1989) to effect personal service of summons of the appeal on the Respondents including the appellant herein fi..Category: Trust/Waqf Law | Date: | Hits: 266
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ......ecuted signed and registered deed always carries with it a presumption of genuineness. If the legality, genuineness of the said deed is challenged on the ground of fraud, it must be proved by the person who alleges fraud. Because a fraud vitiates everything and for that reason this burden..Category: Property Law | Date: | Hits: 37
Bangladesh Biman Corporation Vs. Lt. Col. (Rtd.) Md. Zainul Abedin and ors, 2000, 29 CLC (AD)
....ood whether a writ of mandamus could be issued on the facts and in the circumstances of the case. We accordingly allow all the appeals without, however, any order as to costs. Ed. ......rces officers in the civil post, he adds, clearly provide that continuity of service of such officers will be from the date of their commission in the armed forces except for the period when such a person was out of service (which is excluded), and that therefore it cannot be said that the writ ..Category: Employment/Service Law | Date: | Hits: 103
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ......f the Articles of Association of the Company to sign the plaint then this is a matter of evidence. It is absolutely premature to hold at this stage that the plaint was not signed by a duly authorized person………(11 & 15) If a plaint is not properly signed or verified or presented the Cour..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....gment and decree as they are. In view of the discussion above, both the apÂpeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ......e or dead, and it is proved that he has not been heard of for seven years by those who would naturally have heard of him if he had been alive, the burden of proving that he is alive is shifted to the person who affirms it, the learned Judges upon a consideration of the evidence adduced by the plainÂ..Category: Property Law | Date: | Hits: 95
Md. Yousuf & others Vs. Administrator of Waqf and others, 2005, 34 CLC (AD)
....ckground of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. This Case is also Reported in: 11 MLR (AD) 2006, 50. ......ed in the Waqf Estate. It has also been contended on behalf of the appellants that the Mutawalli has approached the Administrator of Waqfs for the eviction of the appellants at the maneuvering of the person mentioned at serial Nos.2 and 3 of the letter of the Administrator of Waqf dated 10.6.2002 fo..Category: Trust/Waqf Law | Date: | Hits: 228
Abu Naser Mohammad Wahidun Nabi and another Vs. Jatindra Mohan Roy and others, 2004, 33 CLC (AD)
....of no merit because of the established rule that at first plaintiff is to prove his case and then onus shifts upon the defendants to establish his contention or to disprove plaintiff’s case. ...... Wali Mohammad Siddiqui who said to have purchased the property in suit from Jatindra Mohon Roy @ Sachindra Mohon Roy, although the land in suit was never transferred by the plaintiff to the said two persons by executing and registering any deed of sale in their favour and no consideration money was..Category: Tenancy Law | Date: | Hits: 194
M/s. Sonali Aansh Trading (Pvt.) Ltd & anr Vs. M/s Birla Tyres & ors, 2005, 34 CLC (AD)
.... High Court Division has rightly made the rule absolute setting aside the ad interim injunction and mandatory injunction. The petition is dismissed. Ed. ......stant Judge, Second Court, Dhaka granting temporary injunction restraining the defendant-respondent Nos. 1-3 from dealing and/or making any transaction underhand or overhand in any manner with any person or person in respect of Birla Brand Tyres and the order dated 14.8.2003 in the nature of tem..Category: Business or Commercial Law | Date: | Hits: 100
K.M. Shamsul Alam Vs. Managing Committee, Police Line High School and others, 2005, 34 CLC (AD)
.... High Court Division on correct appreciation of facts and law discharged the Rule and there is no cogent reason to interfere with the above decision. The petition is dismissed. Ed ......vice provide that "A declaration of age, made by the an applicant for government service at the time of, or of the purpose of entry into Government service shall be deemed to be binding on the person who has made it and no revision of such a declaration shall be allowed to be made by him at..Category: Employment/Service Law | Date: | Hits: 82
Kamruzzaman Vs. State, 1990, 19 CLC (AD)
....nclusion of the appellant's trial long expired, further proceeding in respect of his trial stands stopped and he stands released. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 219. ...... 339C has specified a time within which trial by a Court of Session or a Magistrate shall be conÂcluded failing which "further proceedings in respect of the trial shall stand stopped and the accused-person released". 2. Appellant was sent up by the police under the 'Act' for trial by Special Tri..Category: Criminal Law | Date: | Hits: 58
Principal Secretary, President's Secretariat, Dhaka & ors. Vs. Mahtabuddin Ahmed, 1990, 19 CLC (AD)
.... the observaÂtion referred to above but that is no binding part of the High Court Division's judgment. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 214. ...... Additional Attorney-General, firstly, contended that the High Court Division misconstrued the provision of paragraph 1A of MLO 9 of 1982 in holding that paragraph 1A created a right in the aggrieved person to file an application for reÂview and that this right involved a corresponding duly on the ..Category: Criminal Law | Date: | Hits: 53
Sk. Shamsur Rahman @ Shamsu Vs. State, 1990, 19 CLC (AD)
....he courts below have rightly convicted the appellant unÂder section 302 pf the Penal Code. Accordingly, the appeal is dismissed. Ed. This case is also reported in: 42 DLR (AD) (1990) 200. ......ed the facts in his evidence as stated therein. PW 4 a medical officer attached to Police Hospital, Khulna held the post-mortem examÂination of the deceased and proved three bullet injuÂries on his person. PW 5 is a seizure list witness and PW 6 like PW 2 was only tendered. PW 7 is the constable w..Category: Criminal Law | Date: | Hits: 44
Bangladesh Vs. Md. Abdul Jabbar Sheikh, 2006, 35 CLC (AD)
....g the suit. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......inion of the Government Pleader who gave his opinion to the effect that the exchange deed was genuine, that the defendants before finalization of the exchange case leased out the land to different persons, that finally by the order dated May 30, 1994 the Respondent No.3 rejected the application ..Category: Property Law | Date: | Hits: 38
A.K.M. Farooq Vs. Bangladesh Biman Corporation & another, 2006, 35 CLC (AD)
....rticipated in the inquiry proceedings before the inquiry committee, there was no breach of the principles of natural justice inasmuch as the petitioner's case in the Labour Court was that the Inquiry Officer was biased and the Labour Court considering the evidence on record held that t...... book is dispensed with as prayed for. The petitioner is permitted to add additional ground. The petitioner is directed to make the appeal for expeditious hearing. Ed. ..Category: Employment/Service Law | Date: | Hits: 91
Government of Bangladesh Vs. Md. Nurul Haque & others, 2006, 35 CLC (AD)
....xed by the trial court. The trial court thereafter would dispose of the suit in accordance with law. The appeal is accordingly allowed without any order as to costs. Ed. ...... for a decree for permanent injunction restraining the Government from creating any disturbance in the possession of the plaintiff by leasing out the suit land on yearly basis to any person and for further declaration that sheet No. 2 containing Plot Nos. 600-699 of Mouza Cha..Category: Property Law | Date: | Hits: 31
Moulana Noor Mohammad Vs. Bangladesh Madrasha Education Board, 2006, 35 CLC (AD)
.... with as prayed for. Stay granted earlier be further extended till disposal of the appeal. The Petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......arers by office letter dated 22.08.2002 and the Superintendent of the Madrasha forwarded a list of members to be nominated by the Secondary and Higher Education Directorate, Barisal Region as person interested in education to the District Education officer as a result of which the othe..Category: Constitutional Law | Date: | Hits: 139
Md. Nabiul Islam Chy Vs. Joint Regis, Div. Co-operaÂtive Office, Rajshahi & ors., 2005, 34 CLC (AD)
....e fully in agreement with the findings and decisions of the High court Division. In the aforesaid premises, we find no merit in this petition. Accordingly, it is dismissed. Ed. ......have been filed before the Deputy Registrar. 8. It has been further contended that the High Court Division committed an error of law in not holding that for the ends of justice any aggrieved person without availing forum of appeal as an alternative remedy can invoke writ jurisdiction under..Category: Constitutional Law | Date: | Hits: 162
Government of Bangladesh Vs. Jahangir Alam and ors., 2005, 34 CLC (AD)
....ision in Writ petition Nos. 8254 of 2002 and 4344 of 2003 be stayed till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......ut the Government sanction and that there has been amendment in the project papers on the basis of which the respondents (i.e. present petitioners) would have absolute right to engage/ appoint any person in the project without giving any opportunity to the writ petitioners to work in any project..Category: Others | Date: | Hits: 87
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
.... in law in failing to appreciate that in the instant case, in deciding the applicable standard for satisfaction as to the existence of the necessary state of affairs, the Council stated in its Inquiry Report that "in an inquiry though the ordinary procedure of admitting or accepti......udge of the High Court Division. In the writ petition it was stated that the then President of the Supreme Court Bar Association in his address at a meeting of the lawyers alleged that inefficient persons have been elevated to the Bench and one of the Judge violating the code of conduct receive ..Category: Others | Date: | Hits: 97
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