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Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ......Succession Act. Section 283(1)(c) of the Succession Act runs as follows: — "In all cases the District Judge or District Delegate may, if he thinks proper...(C) issue citations calling upon all persons claiming to have any interest in the estate of the deceased to come and see the proceedings ..Category: Property Law | Date: | Hits: 80
Nurjahan Begum Vs. State, 1989, 18 CLC (AD)
....ut 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. ..........................Respondent Judgment June 11, 1989. Result: The appeal is dismissed. The Evidence Act (I of 1872) Section 32 (1) Interpretation of Statute The statement of a person about the cause of his death or circumstances leading to his death is substantive evidence un..Category: Criminal Law | Date: | Hits: 50
Dr. Syed Matiur Rob Vs. Bangladesh and Others, 1989, 18 CLC (AD)
....for making complete justice in a matter. In view of the above, we dismiss both the appeals, without making any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 126. ...... as his legal heirs who were living at 59 Alhamara Housing Society Karachi-8 Pakistan, and that Syed Mojibur Rob or his heirs having ceased to manage, supervise and control the properties in question personally they were rightly treated as abandoned properties. 5. The case of Provati Biddya Niket..Category: Property Law | Date: | Hits: 32
Mohammad Ali Vs. Lt. Col. (Retired) Habibullah Bahar & ors. 2006, 35 CLC (AD)
....of the High Court Division in his turn came to a correct decision in discharging the Rule. No interference is, therefore, called for. The leave petition is accordingly dismissed. Ed. ......2, discharging the rule. 7. Hence is this petition 8. In support of the petition Mr. Nurul slam Bhuiya, learned Advocate-on-Record submits inter alia, that the plaintiff having no personal interest in the suit property the suit is barred under Section 56(k) of the Specific Relie..Category: Property Law | Date: | Hits: 33
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
..... 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. ......Nos. 6-21 in the suit property without the permission of the landlords Benode Behari and others as sub-tenants and that when the landlords raised objection Sadananda Ghose informed them that those persons were his own people and he had not sub-let the premises. After the death of Sadananda Ghose..Category: Property Law | Date: | Hits: 106
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
....d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ......t on the objection raised by the Audit Department they asked the petitioner to pay back Tk.90.300.50/- said to have been overpaid to him. The High Court Division held that the petitioner was a person in the service of the Republic and that consequently his remedy lay before the Administ..Category: Employment/Service Law | Date: | Hits: 84
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: ......ice as a leadgerclerkand in the said post office an ordinary savings accounts in the name of one Oliur Rahman was opened with a deposit of Tk. 100/- only though the said Oliur Rahman was a fictitious person and in the account the amount deposited was manipulated to Tk. 35,100/- writing figure '35' b..Category: Criminal Law | Date: | Hits: 50
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. ......ditioned by other factors, such as efficiency, good conduct, character, integrity, sense of value, honesty and temperamental suitability……………..(24) A person being an accused in a criminal proceeding or he is under suspension in connection with depa..Category: Employment/Service Law | Date: | Hits: 54
Mona alias Zillur Rahman Vs. State, 2006, 35 CLC (AD)
....satisfactory. So the delay is not condoned. Therefore, both on merits and on delay. This petition for leave to appeal loses merits for consideration and accordingly, it is dismissed. Ed. ......fique, the victim and Mona alais Zillur Rahman the petitioner stabbed the victim on the chest with a knife causing bleeding injuries and as a result the victim feel down on the ground, the accused persons, thereafter filed away when the people were coming from around on hearing hue and..Category: Criminal Law | Date: | Hits: 43
Md. Nurul Amin Vs. Md. Ismail and other, 2006, 35 CLC (AD)
....or an inquiry and also for taking necessary action. The Sub-Inspector of Doublemooring Police Station having inquired into the matter submitted his report on 01-09-2003 and in the said report, the Inquiry Officer stated to have found no evidence regarding the commission of any offence by th......) months. The petitioner is permitted to add additional grounds. However, the proceedings before the lower Court below shall continue in accordance with law. Ed. ..Category: Property Law | Date: | Hits: 31
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. ......h attracted. Section 7 of the Union Parishads Ordinance, 1983 reads as follows: "7. Qualifications and disqualifications of Chairman and members of Union Parishads.-(1) A person shall, subject to the provisions of sub-section (2), be qualified to be elected as, and to ..Category: Election Law | Date: | Hits: 108
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....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. ...... particularly Exts. E. E1 and E2. Observed that the predecessor of the plaintiffs during S. A survey operation admitted existences of the unregistered deed of gift and that the settlement personnel on examining the witnesses found possession of the defendant No.1 in the land in suit &q..Category: Property Law | Date: | Hits: 23
Dulal @ Md. Dulal Talukder and another Vs. State, 2006, 35 CLC (AD)
....with as prayed for. Bail granted earlier be further extended till disposal of the appeal. The petitioners are directed to make the appeal ready for expeditious hearing. Ed. ......al Code the charge of kidnapping as defined under Section 365 of the Penal Code will be constituted and completed only when it is found that a minor under 14 years of age, if a female, or any person of unsound mind is taken out of the keeping of the lawful guardian of such minor or person o..Category: Criminal Law | Date: | Hits: 27
Farukur Rahman @ Farook and others Vs. State, 2006, 35 CLC (AD)
....ce to the appellants before us. In the aforesaid premises, we are of the view that the appellants are entitled of get benefit of doubt. As a result, all the appeals are allowed. Ed. ......oad. At that time the informant and his brothers P.Ws. 2 and 3 on hearing alarm rushed for the rescue of their brother Hafez Shaikh Md. Abdul Wahed and when they reached at Haji Mohsin Road accused persons threw Bombs towards them. Said hafez Shaikh Md. Abdul Wahed had no other alternative but to..Category: Criminal Law | Date: | Hits: 25
Delip Kumar Shaha Vs. State, 2006, 35 CLC (AD)
.... and accordingly dismissed the appeal. Since the High Court Division in its judgment considered all the points as raised, the criminal petition is accordingly dismissed. Ed. ......D.B. Branch, Bogra, along with 2 constables on 5.2.1996 at about 13-35 P. M. went out to watch the movements of criminals of the town area and then they saw the accused- petitioner and another person sitting on a rickshaw with a jute bag in front a Amin Bakery at Raja Bazar and having s..Category: Criminal Law | Date: | Hits: 29
Chair, Board of Int. & Sec. Education, Jessore & ors Vs. Golam Quddus & anr, 2006, 35 CLC (AD)
....g the rules absolute. The judgment therefore does not call for our interference. In view of the discussion made above, the appeals are dismissed without any order of to costs. Ed. ......y;eration to the submissions of the parties on this point. It appears that under Section 2(d) (VI) of the Ordinance of 1974, the provisions of the said Ordinance shall not be applicable to any person who holds any office, the tenure of which is determined by or under any laws. 20. We ..Category: Property Law | Date: | Hits: 32
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. ......Director of Telephone, Dhaka and accordingly the respondent No. 5 by letter dated 14.07.2003 requested the Police Commissioner, Dhaka Metropolitan Police, Dhaka to deploy a contingent of 20 Police personnel to assist the eviction of unauthorised occupants and trespassers from the T & T ..Category: Others | Date: | Hits: 97
Commissioner of Customs and anr Vs. Bangladesh Traders, Dhaka, 2006, 35 CLC (AD)
....n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ......n made without any lawful authority and of no legal effect and further directing the writ respondents to return the bank guarantees furnished by the writ petitioners are hereby set aside. Ed. ..Category: Fiscal/Taxation Law | Date: | Hits: 95
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. ...... compulsory retirement and also the further submission that under Ordinance No. 4 of 1961 creating the Agricultural Development Bank of Pakistan, the Chairman and the Managing Director was the same person and so was the position under P.O. No. 27 the post of Chairman was created but since no job ..Category: Administrative Law | Date: | Hits: 90
Rasheda Begum Vs. M.M. Nurussafa and others, 2006, 35 CLC (AD)
....e Other Class Suit No. 41 of 2000 and shall also not be a subject matter for adjudication in the Other Class Suit No. 41 of 2000. 15. In the result the appeal is allowed with costs. Ed. ...... in the judicial arena that also for the sake of certainty of the result obtained in a suit or that for the purpose of termination of a dispute or difference at a certain stage or at certain time, person, who filed the subsequent suit if was a party in the earlier suit and tested the validity of..Category: Civil Law | Date: | Hits: 122
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