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M/S. Bulbul Electric Market and others Vs. Rupali Bank Ltd. and another, 2006, 35 CLC (AD)
....dings and decisions arrived at by the High Court Division and as such the impugned judgment does not call for our interference. 8. This petition is therefore dismissed. Ed. ......i, tenant of 3rd, 4th and 5th floors of the building of the suit property, filed Miscellaneous Case No.46 of 1993 under Order 21 Rule 58(2) read with Section 151 of the Code of Civil Procedure for postponement of auction sale in respect of 3rd, 4th and 5th floors of the said buildings, that the ......nd another...................................... Respondents Judgment July 24, 2002. Case Referred To- Sultana Jute Mills and others Vs. Agrani Bank and others, 46 DLR (AD) 174. Lawyers Involved: Md. Ozair Farooq, Senior Advocate, instructed by Md. Nawab..Category: Banking Law | Date: | Hits: 112
Santipada Datta & others Vs. Satish Chandra Das and others, 2002, 31 CLC (AD)
....al and inoperative. 3. The appellant instituted the Suit stating, inter alia, that the suit land originally belonged to one Raj Lakshmi Devi, who granted settlement by a registered patta dated 29-4-1903 to one Mohesh Chandra Bhattacharjee; that on the death of the sai......out any order as to costs and the suit is decreed without any costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 173. ...... the matter by his order dated 24-2-1967 directed the Tahsilder not to realise any rent from the tenants that against the said order Miscellaneous Case No. 9 of 1967-68 was started in the Court of ADC, Comilla who by order dated 6-3-1969 illegally declared the suit property as enemy property; th..Category: Property Law | Date: | Hits: 53
Superintendent Eng. (Dist), PDB, Jangalia,Comilla Vs. Madhumita Cinema Ltd. & ors, 2002, 31 CLC (AD)
....s vs. Gian Chand and others reported in AIR 1957 (SC) 875 “the plaintiffs brought a suit on a mortgage claiming to be the heirs and representatives of the original mortgagee, who has under a registered will bequeathed to them the rights in the mortgage. The suit was dismissed by the High C...... Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ...... Court Division. Accordingly, this appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 170. ..Category: Fiscal/Taxation Law | Date: | Hits: 122
.... 1998 and thereafter as per provision of section 17 of the Divorce Act forwarded the suit record to the High Court Division for confirmation of the decree and thereupon Divorce Suit No. 1 of 1998 was registered in the High Court Division. The High Court Division confirmed the decree of dissolution o......eby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ......rn time” is hereby expunged.
The leave petition, with the above observations and upon expunging the impertinent recommendation, is disposed of.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 168. ..
Category: Family Law | Date: | Hits: 192
Bangladesh Biman Corporation & others Vs. Md. Yousuf Haroon & others, 2002, 31 CLC (AD)
....d without any order as to cost. Order of the Court By a majority decision the appeals are allowed without any order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 161. ......oration (in short PIAC) as an Enquiry Assistant in 1965 and after liberation of Bangladesh he was absorbed in the Bangladesh Biman Corporation and got successive promotions and lastly promoted to the post of General Manager, Cargo Terminal on 7-5-1997 and confirmed in that post on 30-11-97. Though h......িমালা, ১৯৮৮ এর ধারা ৫ (ক) তে প্রদত্ত ক্ষমতাবলে কর্তৃপক্ষ আপনাকে অদ্য ২২-০২-৯৮ AD চাকুরী হতে পূর্ণ সুযোগ সুবিধাসহ অবস..Category: Employment/Service Law | Date: | Hits: 186
Moulana Abdul Mannan Vs. Halima Khatun and ors, 2002, 31 CLC (AD)
....e facts of the case, in short, are that one Yakub Ali, maternal grandfather of respondent No.1. Halima Khatun, made a Waqf-e-Lillah, respect of three kanis, ten gondas and two karants of land by a registered Waqfnama on 30 Ashar 1324 BS for the maintenance of a mosque which he established in the......nt as Mutwalli while acting as Imam of the mosque had misappropriated the property of Waqf Estate. The appellate Court held that if he had misappropriated then he was liable to be removed from his post of Mutwalli by the Waqf Administrator as per rule if he found that to be true but that matter ......nces of each case and act to its own criteria as to the eligibility of a candidate for the Mutwalliship…..(8) Case Referred to- Altaf Miah vs Md Anwar Hossain 35 DLR (AD) 108. Lawyers Involved: Sadat Ali Khan, Advocate, instructed by Md. ..Category: Trust/Waqf Law | Date: | Hits: 209
Hiran Chandra Dey and anothers Vs. Md. Abdul Quyum and others, 2002, 31 CLC (AD)
....below reversed the finding of the trial Court as regard PW2s claim of being husband of Kulsuma Bibi upon observing that in respect thereof no document, particularly Kabinnama which he admitted was registered and stated that he has the same was not produced, and as such it is not safe to rely on ......ame are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ......appeals. Accordingly, the same are allowed. There is no order as to cost. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 126. ..Category: Property Law | Date: | Hits: 55
....averments made in the writ petitions in support of the relief sought, in short, are that petition No.1, i.e. respondent No.1 in the appeals, a Co-operative Society, members whereof were refugees, was registered in 1951 for the welfare of its members, the Mohazir, by way of providing residential acco...... evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
......med to have been evicted, in writ jurisdiction which is not permitted.
In the result the appeals are allowed.
There is no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (AD) (2002) 111.
..
Category: Property Law | Date: | Hits: 54
Delower Hossain Khan Vs. State, 2002, 31 CLC (AD)
.... on 17th May, 1989 with the Police Station at Jhalokathi at 22-15 hours and thereupon Jhalokathi PS Case No. 5 dated 17th May, 1989 under different sections, including 307/34, of the Penal Code was registered. The investigating agency on completion of investigation submitted prosecution report ag......tance in the petition. Accordingly, the same is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 101. ......………….(15 & 17). Cases Referred to- Mosaddar Hoque vs. State, 10 DLR (SC) 29; KM Zaker Hossain vs. State, 29 DLR (AD) 250; State vs. Constable Lal Mia, 44 DLR (AD) 277; State vs. Azahar Gazi and ors, 23 DLR 32; Ab..Category: Criminal Law | Date: | Hits: 76
Government of Bangladesh and others Vs. Bibi Marium and other, 2002, 31 CLC (AD)
....terials were placed before the High Court Division, the High Court Division found that the original lessee Ahmed Hossain was in possession till his death and he sold the case land to Abul Hashem by registered deed of sale dated 8-2- 1973 and later was in possession till his death on 13- 6-1985. T......ause delay to the prejudice to the parties. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 100. ......ithout lawful authority…..(5) Cases Referred to- Fatema Begum vs. Bangladesh 42 DLR 342; Bangladesh vs. Amela Khatun and others 53 DLR (AD) 55. Lawyers Involved: Mahbubey Alam, Addition..Category: Property Law | Date: | Hits: 46
Mahbubur Rahman and others Vs. Taslimuddin Ahmad and others, 2002, 31 CLC (AD)
.... For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ......ner of Taxes on completion of 3 years of service. Respondent No. 3 completed 3 years of service on 5-10-1984 as Extra-Assistant Commissioner of Taxes. According to the recruitment Rules, one- third posts of Assistant Commissioners are to be filled up by promotion from the Extra-Assistant Commiss......on them. For the reasons stated above, both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 97. ..Category: Administrative Law | Date: | Hits: 91
Government of the People’s Republic of Bangladesh Vs. SM Fariduddin, 2002, 31 CLC (AD)
....Nos. 4165 and 4380 of 2000 respectively are hereby set aside and the writ petitions are found to be not maintainable. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 95. ......s are taken up for disposal as common question of facts and law are involved. 2. Both the writ petitioners were appointed Appraisers from surplus personnel and promoted to the post of Principal Appraiser on 26-11-1996 and their names have been published in Bangladesh Gazett......Court Division also cannot exercise such power……(10) Case Referred to- Government of Bangladesh and others vs. Mohammad Faruque 51 DLR (AD) 112. Lawyers Involved- Mahmudul Islam, Attorney-Gene..Category: Employment/Service Law | Date: | Hits: 57
Santosh Kumar Das Vs. Hajee Badiur Rahman, 2002, 31 CLC (AD)
....ired for bonafide use of plaintiff who have served notice under section 106 of the Transfer of Property Act on 18-1-1974 determining the monthly tenancy on the expiry of 28th day of February. 1974 by registered post which was refused by the defendant on 26-1-1974 whereupon the plaintiff was constrai......nafide use of plaintiff who have served notice under section 106 of the Transfer of Property Act on 18-1-1974 determining the monthly tenancy on the expiry of 28th day of February. 1974 by registered post which was refused by the defendant on 26-1-1974 whereupon the plaintiff was constrained to file......ed without costs setting aside the impugned judgment of the High Court Division and restoring those of the Courts below decreeing the suit. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 93. ..Category: Tenancy Law | Date: | Hits: 76
Abdur Rashid (Md) and others Vs. Bainchitala Junior High School, 2002, 31 CLC (AD)
..... 6 and 7 (Badaruddin Mandal) of the aforementioned suit filed an application under Order IX rule 13 CPC for setting aside of the ex parte decree and thereupon Miscellaneous Case No. 76 of 1982 was registered. The said Miscellaneous case was ultimately dismissed on 23rd April 1985. As against th......dgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ......or or infirmity in the judgment of the High Court Division in any respect. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 80. ..Category: Property Law | Date: | Hits: 63
Akitullah and others Vs. Zafala Begum and others, 2002, 31 CLC (AD)
....ransferred 0.48 acres of land to Jamal Khan and others by sale deed dated 29 Jaistha, 1329 BS and the purchasers subsequently sold the same to others who are in possession of the same. Waizuddin by a registered deed of Heba-bil Ewaj dated 21-6-62 gifted 0.69 acres of land in favour of Abdul Majid, p......dispose of the First Appeal No. 100 of 1995 arising out of Suit No. 185 of 1988 in accordance with law expeditiously as possible. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 74. ...... of Civil Procedure was not a matter of course or to fill in the lacuna in any party’s pleading ……………..(18) Case Referred to- Dr. Razia Khatun Vs. Bhanu Guha and others 1986 BLD (AD) 135. Lawyers Involved: Mahmudul Islam, Senior Advocate, instructed by Md. Altab, Hossain..Category: Procedural Law | Date: | Hits: 114
State Vs. Monu Miah and others, 2001, 30 CLC (AD)
....ubmitted charge-sheet No. 30 dated 18-11-1993 under sections 302/201/379/411/34 of the Penal Code against the accused respondents. The case record was sent to the learned Sessions Judge, Habigonj and registered as Sessions Case No. 17 of 1994. Thereafter, it was transferred to the Court of learned A......ral also could not point out any illegality or infirmity therein for our interference. Thus the petition is, accordingly, dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 60. ...... examination under section 342 Cr.P.C. otherwise it would cause miscarriage of justice to the great prejudice of the accused….(10) Cases Referred to- Mizazul Islam @ Dablu vs. State. 41 DLR (AD) 151, Shamsuddin Sarker vs. The State, 11 DLR (SC) 365, Mahmood vs. State of Uttar Pradesh, AIR 1..Category: Criminal Law | Date: | Hits: 59
BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
....llip;….(12 & 13) The Societies Registration Act, 1860 (XXI of 1860) Section 20 The Trusts Act, 1882 (II of 1882) Section 20B i) A society registered under the Societies Registration Act may invest its fund with the object of getting more......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ......no bar in the law in investing foreign donations in income generating activities….........(30) Cases Referredto- Dr. Mohiuddin Farooque’s case, 49 DLR (AD) 1; Trustees of the National Deposit Society vs. Skegness Urban Council (1958) 2 All ER 601; R ..Category: Constitutional Law | Date: | Hits: 199
Osman Gani Vs. State, 2002, 31 CLC (AD)
.... appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ......ormation was recorded in General Diary No, 475 dated 19 March 1987. The Sub-Inspector took up investigation of the case and in course of investigation exhumed the dead body of Monowara Begum and a post-mortem examination was held when it was found that Monowara Begum was throttled to death. ...... and sentence of the appellant and acquit him. The appellant be set at liberty if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 34. ..Category: Criminal Law | Date: | Hits: 55
Syed Abu Hossain Arshad & ors Vs. BD Sugar and Food Industries Corpn and ors, 2002, 31 CLC (AD)
...., facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ......ers respectively in Leave Petition Nos. 1155 to 1157 of 1999. While serving in Faridpur Sugar Mills under Bangladesh Sugar and Food Industries Corporation as Cane Development Inspectors, they were posted/promoted to the post of senior officers in the said Mills. Being aggrieved by this order the......view of the aforesaid law, facts and circumstances all the three leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 33. ..Category: Labour and Industrial Law | Date: | Hits: 115
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....monthly tenant. Jana Jiban Dutta died leaving a daughter Kiran Bala. Kiran Bala embraced ‘Islam’ and took the name of Khairunnessa. She sold the suit premises to the plaintiffs-respondents by two registered deeds of sale both dated 8-9-74. The plaintiffs terminated the tenancy by a registered no......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ......determined by forfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
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