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Nurul Islam and another Vs. The Secretary, Ministry of Law and Justice & others, 1994, 23 CLC (AD)
....nation has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ......ed the aforesaid Writ Petition, calling in question the instruction of the Government dated 14.2.90 asking the Inspector General of Registration, Respondent No. 3, to fill up the 475 newly created posts of permanent Muharrirs in the officer of the Sub-Registrars from among the Extra Muharrirs on......t a case of discrimination has been successfully made out to call for our interference in the matter. 12. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 188 ..Category: Employment/Service Law | Date: | Hits: 66
Jafar Ali Vs. Hushiar Ali and others, 1994, 23 CLC (AD)
....at they filed Miscellaneous Case No. 120 of 1975 for pre-empting the disputed kabala before its registration. Thereafter, he withdrew the case on 27.1.75 and, after obtaining certified copy of the registered deed on 4.2.75, instituted the present case for pre-emption on 17.2.75. The pre-emptor b......ation is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ......tion that the application is barred by limitation is untenable in law. Consequently, the appeal is dismissed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 187 ..Category: Property Law | Date: | Hits: 85
Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... complaint in the Court of Upazila Magistrate, Gournadi against the accused‑appellant and his brother and father alleging, inter alia, that on 6.2.90 she was married to the accused‑appellant by a registered Kabinnama. At the time of marriage the parents of the complainant gave ornaments and othe...... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......n its ordinary sense. The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ..Category: Criminal Law | Date: | Hits: 69
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
.... 3 to bring Title Suit No. 38 of 1958 in the First Court of Subordinate' Judge, Sylhet, for specific performance of the said contract and obtain the decree and thereafter get a kabala executed and registered through court. He obtained delivery of possession through court on 8.5.66 in presence of......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ......y the trial Court and so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
.... (A), shows that he did not take any interest in the execution proceeding on behalf of the minors. In Exhibit (A) it was stated that: "I have the honour to state that issued registered Card with A/D which was duly received by the natural guardian of the minors but he coul......facie case for the minor's interest. I, therefore, submit my final report." Then Mr. Subhan refers to his evidence when he stated: "I issued registered postcard to the natural guardian of the minors. It was received by one Manoranjan Das on behalf ......o. 33 dated 17.1.61 and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Abul Kalam Azad and another Vs. Sunhar Ali and others, 1994, 23 CLC (AD)
....nt in his own name and subsequently in the name of the firm; that defendant Nos. 1-3 purchased the share of Muslema Khatun, wife of late Abdul Sobhan and Rahimunnessa daughter of late Abdus Sobhan by registered kabala dated 30.7.80; that defendants being co‑sharer in the suit premises cannot be ev......r relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ......t, the other order relating to recalling of PW I is necessarily set aside. Accordingly, both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 130 ..Category: Tenancy Law | Date: | Hits: 81
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ....... Judgment MH Rahman J.- Respondent No. 1 instituted Title Suit No. 122 of 1987 in the Court of Assistant Judge, Fourth Court, Dhaka for a declaration that the order dismissing him from the post of Headmaster of the Post Office High School, Motijheel, Dhaka‑2 was illegal and not binding ......d to- Bauribandhu Misra Vs. IG of Police and others AIR 1970 Orissa 213; RJ Singh Vs. State of Delhi AIR 1971 (SQ 1552 (1553); Bashir Ahmed Vs. Bangladesh Jute Mills Corporation and others 44 DLR (AD) 267-270. Lawyers Involved: M Nurullah, Senior Advocate, instructed by Md. Aftab Hossain, A..Category: Employment/Service Law | Date: | Hits: 101
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....a fixed period of 11 months with effect from 1.12.83 to 31.10.84 on a monthly rent of Taka 800.00, the option of renewal being with the landlord. On 1.10.84 the landlord respondent sent a notice by registered post with AD through his lawyer stating that lease shall not be renewed and in the appell......iod of 11 months with effect from 1.12.83 to 31.10.84 on a monthly rent of Taka 800.00, the option of renewal being with the landlord. On 1.10.84 the landlord respondent sent a notice by registered post with AD through his lawyer stating that lease shall not be renewed and in the appellant fails t......two Acts are not entirely excluded by the provisions of the Ordinance. ……………………(29) Cases Referred to- Pradhip Das alias Shambhu and others Vs. Kajal Das Sarma and others 44 DLR (AD) 1; 32 DLR (AD)171. Lawyers Involved: Miah Abdul Gafur, Advocate-on-Record - For the Appell..Category: Tenancy Law | Date: | Hits: 87
Borhanuzzaman and others Vs. Ataur Rahman Chowdhury and others, 1994, 23 CLC (AD)
....). Judgment: Mustafa Kamal J.- Respondent No. 9 Aminbagh Co-operative Market Society Ltd., a registered Co‑operative Society and respondent Nos. 1-8, Chairman and Directors of its Managi...... and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ...... natural justice in the facts and circumstances of the case. We, therefore, find no ground for interference. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 94 ..Category: Others | Date: | Hits: 89
Bangladesh Vs. Commercial Trust of Bangladesh Ltd. and others, 1994, 23 CLC (AD)
....For the purpose of setting up a coconut oil, coil and other allied industries at Barisal respondent No. 1 was settled with 8.30 acres of Government Khas land and necessary lease deed was executed and registered on November 2, 1962. As respondent No. 1 required some more lands it moved the Government......ose given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ......fferent from those given by the learned Judges of the High Court Division, we uphold the order appealed against. The appeal is dismissed with costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 89. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. Ruhul Amin Khan, 1993, 22 CLC (AD)
.... discussion following parties will be referred to as in CA No. 50 of 1992. 2. On 1.6.89 the respondent filed an application before the Administrative Tribunal, Dhaka under section 4(2) of the Act, registered as Case No. 158 of 1989, alleging, inter alia, that the Bank Authority upon suspending hi......Finally, the Tribunal by its judgment and order dated 22.10.91 allowed the application in part, set aside the impugned order of dismissal and substituted the said punishment with reduction to a lower post by directing that the respondent be demoted to the post which he had held before being promoted......pulsory retirement of the respondent from service from the date of the order of dismissal. CA No. 51 of 1992 is dismissed. No cost in either case. Ed. This case is also reported in: 46 DLR (AD) (1994) 85. ..Category: Administrative Law | Date: | Hits: 143
Sher Ali (Md) and other Vs. State, 1994, 23 CLC (AD)
....inst the accused- appellants and others alleging that they had, by threat and physical assault, snatched away Taka 5000.00 from the Informant whereupon Haluaghat Police Station Case No. 2(5)93 was registered under sections 323, 307 and 379 of the Penal Code, read with section 4 of the Anti‑......llate Division must be obeyed without any criticism and comments as has been done in the present case. Ed. This case is also reported in: 46 DLR (AD) (1994) 67 ......Sessions Judge under section 439A". 5. This question came up for consideration for the first time before the Appellate Division in the case of Shafiqur Rahman Vs. NI Chowdhury, 35 DLR AD 147, and this Court in an elaborate Judgment held that sections 439A(2) and 439(4) are conflicti..Category: Criminal Law | Date: | Hits: 98
Bangladesh Parjatan Corporation Vs. Mofizur Rahman and another, 1993, 22 CLC (AD)
.... delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ......petition No.1990, inter alia, averred that while working as a Journalist in the Pakistan Observer (nor Bangladesh Observer) he was selected by the Central Public Service Commission of Pakistan to the post of Assistant Director in the Department of Tourism, Government of Pakistan and he joined in the......out any further delay. In the result, the appeal succeeds, the impugned judgment and order are set aside but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 46. ..Category: Employment/Service Law | Date: | Hits: 126
Rear Admiral AA Mustafa Vs. Bangladesh, 1994, 23 CLC (AD)
.... 103 of the Constitution. The cases cited on behalf of the petitioner has no relevance in the instant case. The petition is dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 43.......fs of Staff of the Defence Service (Tenure of Appointment) Order, 1981, passed by the President under clause (2) of Article 62(2) of the Constitution. The Chief of the Naval Staff is a constitutional post in the service of the Republic of Bangladesh as per provisions in Articles 61, and 62(1)(c) rea......993. Cases Referred to- Venkata Rao Vs. Secretary of State AIR 1937 PC 31, Bangladesh Small Industries Corporation Vs. Mahbub Hossain Chowdhury 29 DLR (SC) 41, JamiI Haq Vs. Bangladesh, 34 DLR (AD) 125, Md. Mujibur Rahman Vs. Government of Bangladesh and others 1992 RLD (AD) 96. Lawyers Inv..Category: Employment/Service Law | Date: | Hits: 107
Bangladesh Vs. Md. Azizur Rahman and Others, 1994, 23 CLC (AD)
....e 4(1) (Kha) and 5(2) of the impugned Rules of 1990 cannot be declared to be void as those are not violative of the fundamental rights. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 19. ......ded that if the PSC failed 10 recommend regularisation within eight months from receipt of a request from Government for regularisation, then regular increments in the scale of pay sanctioned for the post may be allowed; but in no case the period of the appointment should exceed two years. 8. Lea...... others, AIR 1987 (SC) 1676; KC Arora Vs. State of Haryana, AIR 1987 (SC) 1858; TR Kapur Vs. State of Haryana, AIR 1987,(SC) 415; Manzoor Qadir, 22 DLR (SC) 65, Mujibur Rahman Vs. Bangladesh, 44 DLR (AD) I 11; Sk. Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Jibendra KA Chowdhury Vs. East Paki..Category: Employment/Service Law | Date: | Hits: 97
Amjad Molla Vs. Syeduzzaman Molla and others, 1994, 23 CLC (AD)
.... with intent to defraud the complainant-appellant. Facts are, that accused Amatun Nessa (acquitted since then) inherited 28 3/4 decimals of land which she sold to the appellant and his cousin by a registered sale-deed dated July 18, 1975 on consideration of Taka 2500.00 but after 10 days she aga......re on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ......tored. Accused respondents who are on bail are directed to surrender to their bail bonds to serve their sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 17 ..Category: Criminal Law | Date: | Hits: 61
Wahed Ali Dewan Vs. State and another, 1994, 23 CLC (AD)
.... Yunusuddin and others forcibly entered into his house at Jatrabari and on point of arms look away his aforesaid daughter, respondent No. 2, who was a minor of about 12 years of age. 5. A case was registered under section 366A of the Penal Code as aforesaid and the victim girl upon recovery from ......nue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ......o. 2) may continue to remain in the Jimma of her cider sister as affirmed by the High Court Division. The appeal is disposed of in the above terms. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 10. ..Category: Criminal Law | Date: | Hits: 68
Bangladesh Bank and others Vs. Mohammad Abdul Mannan, 1994, 23 CLC (AD)
....unal is set aside and that of the Administrative Tribunal is restored. Parties are to bear their respective costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 1. ......hose cases the impugned terminations of service were held to be punishment without giving show cause notice. In the case of Abdul Majid Vs. Mushafee Ahmed, 17 DLR (SC) 63 the appellant held a civil post in the Ministry of Defence; his service was terminated by two months' notice in terms of the o......ndents (In Civil Appeal No. 79 of 1992) Judgment July 12, 1993. Cases Referred to- Abdul Hannan Sikder and Ershad Ali Vs. Bangladesh Bank 31 DLR (AD) 298; Abdul Majid Vs. Mushafee Ahmed 17 DLR (SC) 63; Gholam. Sarwar Vs. Pakistan PLD (1962) SC 1..Category: Administrative Law | Date: | Hits: 149
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....n of Taka 1,800 and she on receiving Taka 1,200 executed a bainapatra on January 1, 1952 and delivered possession, that there was stipulation in the agreement that the kabala would be executed and registered after six months from date of agreement after payment of balance of the consideration mo......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Selim (Md) and others Vs. Syedul Haque Chowdhury and others, 2006, 35 CLC (AD)
....7-1-1992. Thereafter, by endorsement dated 2-2-1992 the original application for preemption was returned and on 9-2-1992 it was filed before the First Court of Subordinate Judge, at Chittagong and registered as Miscellaneous Case No. 78 of 1990. The pre-emptee petitioners contested the preemptio......nt case. 8. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ...... Respondents are entitled to get the benefit of section 14 of the Limitation Act……….( 5 & 7) Cases Referred To: Syed Amir Hossain vs. Nadera Rahman, 37 DLR (AD) 184; Sakina Khatoon vs. Ibrahim Ahmed Khan, 2 MLR (AD) 330. Lawyers Involved: A..Category: Property Law | Date: | Hits: 68
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