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Nurun Nabi Mullah and others Vs. Abdul Karim, 2005, 34 CLC (AD)
....m of the plaintiffs. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. ......gricultural Department and as such plaintiffs can not have any claim in respect of .17 acre of land, that our of 1.15 acre of land of Plot No. 685 Khemankari Devi transferred .24 acre of land to 4 persons who are the parties in the suit and as such plaintiffs by their purchase from Barada Kanta ..Category: Property Law | Date: | Hits: 40
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....tted by the plaintiff was inconsistent with the amount he received as an advance. The plaintiff replied stating that the report of the Assistant General Manager was baseless and false. Thereafter, an Inquiry Committee was constituted for holding inquiry as to the allegations made against him. The co......a correct decision. There is no cogent reason to interfere with the impugned judgment. The leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 600, 12 BLC (AD) 7. ..Category: Employment/Service Law | Date: | Hits: 181
Sudhir Kumar Das and other Vs. Abdul Malek Mia and others, 2007, 36 CLC (AD)
.... 13. 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 costs. Ed. ......cultivator, P.W 2 and also examined another witness in support of his contention that summons was not served on him. The opposite party in the Miscellaneous Case examined the process server and the person in whose presence the summons was served as well as himself. 6. The trial Court..Category: Civil Law | Date: | Hits: 112
Maleka Khatun and others Vs. Amena Khatun and others, 2007, 36 CLC (AD)
....the Partition Act. 17. In the background of the discussions made hereinbefore, we find merit in the appeal. Accordingly, the appeal is allowed with costs at all stages. Ed. ......e Court, that the suit land is not the undivided dwelling house of the defendant No.1, that the other strangers' purchaser of the part of the some portion of the plot No.366 "are compromising persons" and they have been accommodated by the defendant No.1 and the other co-sharers and th..Category: Property Law | Date: | Hits: 44
Bangladesh Bank Vs. Sk. Abul Hossain and others, 2007, 36 CLC (AD)
.... correct principle of law as applicable in the present case, arrived at a correct decision and there is no cogent reason to interfere with the same. The petition is dismissed. Ed. ......any; by Bank Company (Amendment) Act, 2003, on 10th March 2003 section 15 (Ka Ka) was inserted in the Bank Company Act 1991 and subsection (1) of the above section 15 (Ka Ka) provided that no person shall be a Director of a banking company for more than six consecutive years in two terms, e..Category: Business or Commercial Law | Date: | Hits: 99
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....d only to taking away of life, but it means something more than mere animal existence. The inhibition against its deprivation extends to all those limbs and faculties by which life is enjoyed. Ed. ......ound the vehicle damaged to pieces and Judge Sohel Ahmed was found hanging from the vehicle while the other Judge Jagannath Parey was lying with injuries and that he found Mannan (P.W 14) and another person named Badsha Mia (P.W 11) also lying there with injuries and that he also saw another man lyi..Category: Criminal Law | Date: | Hits: 213
Chairman, Mongla Port Authority Vs. Kazi Brothers and others, 2007, 36 CLC (AD)
....rding calculations made by the trial Court in respect of the claims of the parties for passing decree in part. So, there is no need of discussing those. The appeal is dismissed with costs. Ed. ......ord "may" by cutting the word "will" by pen with initial of Mr Shamsur Rahman, Accounts Officer, who was not at all authorised to do so and such substitution could be made only by DW1, the authorised person jointly with the respondent No.1, the above substitution is unauthorised, specially when ther..Category: Civil Law | Date: | Hits: 109
Bangladesh Agricultural Development Corporation Vs. Artha Rin Adalat and ors., 2006, 35 CLC (AD)
....well officers of the Court. We have perused the impugned judgment. There is no error. The petitions are therefore dismissed. Ed. This Case is also Reported in: 59 DLR (2007) (AD) 6. ...... In this connection Article 102 (2) reads as follows: "2. The High Court Division may, if satisfied that no other equally efficacious remedy is provided by law — (a) on the application of any person aggrieved, make an order ……………………………………….. (ii) declaring..Category: Business or Commercial Law | Date: | Hits: 135
Serajul Islam (Md) Vs. The Director General of Food, 1990, 19 CLC (AD)
.... 6 June 1987 asking him to show cause why he would not be dismissed from service or otherwise punished for gross neglect of duty. On submission of his explanation the matter was enquired into by an Inquiry Officer and the Director, Food, on consideration of the report, let him off with a warning b......nged in his writ petition on the ground of violation of his fundamental rights under Articles 27, 31 and 35 of the Constitution particularly the latter, which prohibits conviction and punishment of a person twice on the same offence. The learned Judges of the High Court Division held that the princi..Category: Constitutional Law | Date: | Hits: 159
Akhlasur Rahman and other Vs. Safarullah and others, 1990, 19 CLC (AD)
....vision cannot be legally sustained. In the result, therefore, the appeal is allowed and the impugned judgment set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 189. ...... to the lands belonging respectively to the vendor and the pre-emptor or is the right merely one of re-purchase, which a neighbour or co-sharer enjoys under Mohammedan Law, and which he can enforce personally against the vendee in whom the title to the properly has already vested by sale, opinions..Category: Property Law | Date: | Hits: 47
Babul alias Abdul Majid Khan and others Vs. State, 1988, 17 CLC (AD)
.... aside and the appellants are acquitted of the charge. They may be set at liberty forthwith if not required in any other connection. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 186. ......s-examination that there is no name of any accused in the FIR. 4. The Assistant Sessions Judge found on scrutiny of the record that there were seven confessional statements made by seven accused persons before a Magistrate on 25.12.81. He observed in his judgment that although the Magistrate ..Category: Criminal Law | Date: | Hits: 49
Bangladesh Vs. Md. Ibrahim Bepari and others, 1989, 18 CLC (AD)
....ismissed. No order as to costs. Ex parte order passed by this Court on 26.11.87 is vacated in respect of respondent No.1 only. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 184. ......t of premium. This condition being violated due to contract of sale of the licensed property, the government was perfectly justified in treating the property as vacant and allotting it to a deserving person. There was no necessity for formally canceling the allotment. The appeal is allowed and the s..Category: Property Law | Date: | Hits: 40
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ......as deprived of procedural protection which was available to him at the initiation of the proceeding. The petition is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 179. ..Category: Employment/Service Law | Date: | Hits: 98
Abed Ali Vs. State, 1990, 19 CLC (AD)
....ve felt obliged under the law to sustain the order of conviction and sentence. In the result, therefore, the appeal is dismissed. Ed. This Case is also reported in: 42 DLR (AD) (1990) 171. ......de. Prosecution case, briefly, is that on 2.12.82 a theft was committed in the house of the informant Bazlur Rahman (P.W.1). He convened a salish on the night following 4.12.82 suspecting the accused persons (on trial) as thieves but they did not appear in the said salish. On the following day i.e..Category: Criminal Law | Date: | Hits: 65
Commissioner of Taxes, Dhaka (West) Zone, Dhaka Vs. Shahabuddin Ahmed, 1989, 18 CLC (AD)
....ed and the decisions of the courts below are affirmed though not necessary on the same reasonings. There is no order as to cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 162. ......n (1) of section 60 of the Income Tax Act, 1922 (XI of 1922), the Government is pleased to exempt so much of the total income as consists of salary or honorarium of the following classes of persons from the tax payable under the said Act. (i) Prime Minister, State Ministers and Deputy..Category: Fiscal/Taxation Law | Date: | Hits: 111
Mahaprabhu Ram Vs. Gopal Ram Ram & others, 1990, 19 CLC (AD)
....f. Hence on all counts we find that the impugned judgment does not merit any interference. The appeal is dismissed with costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 154. ......cultural tenancy in the Non-Agricultural Tenancy Act, 1949 contained in section 2(5) is as follows: "2. (5) Non-agricultural tenant means a person who holds non-agricultural land under another person with consent of that person and is, or but for a special contract would be, liable to pay r..Category: Tenancy Law | Date: | Hits: 169
Mosharraf Hossain Chowdhury and other Vs. Md. Jahurul Islam Chowdhury & ors, 2006, 35 CLC (AD)
....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; ......n as evidenced by Est.1 is of doubtful nature since evidence relied upon by the lower appellate Court about the payment of consideration as regard the transaction made by Ext.1 was of the person i.e. deed writer, about the fact which took place more than 22 years ago and in the usual a..Category: Property Law | Date: | Hits: 67
Md. Sirajul Islam and others Vs. State, 2005, 34 CLC (AD)
....sent in court on the date of framing charge against them and as such the contention of the learned Advocate is bereft of any substance. The petition is, therefore, dismissed. Ed. ......king away his daughter Hasina Begum (18 1/2) and thus dragged her catching hold of her hand and hair and that while he obstructed he was assaulted by them and then there were about 7/8 persons being armed with deadly weapons standing outside and that the miscreants took her away by f..Category: Criminal Law | Date: | Hits: 42
Shabbir Ahmed Chowdhury Vs. State, 2006, 35 CLC (AD)
....find any legal grounds of quash the proceeding and as such the impugned order does not suffer from any error. The petition is found to be without any substance and is thus dismissed. Ed. ...... District Bureau of Anti-corruption, Dhaka lodged a First Information Report with Ramna Police Station on 05.12.1993 against the accused petitioner and others stating, inter alia, that the accused persons in collusion with each other through forgery created records in the name of a false and non..Category: Criminal Law | Date: | Hits: 57
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. ......s (Discipline & Appeal) Rules, 1976 till framing of the Service Rules of their own and publication in the official gazette. The plaintiff resorted to various malpractice and corruption for his personal gain in contravention of official procedure. He misappropriated huge amount of money ..Category: Employment/Service Law | Date: | Hits: 73
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