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Dr. Mohammad Sarwar Ramiz and others Vs. Dr. Shyam Sundar Kundu (FCPS) & ors, 2005, 34 CLC (AD)
....instant case, erred in law in setting aside the PSC'S recommendation which was accepted by the Government and issued the appointment letters; that the impugned order has resulted in miscarriage of justice and the petitioners have been prejudiced thereby." "Because the Bangladesh ......o consider the following grounds: The petitioners are allowed to add additional grounds as under:- "Because the Bangladesh Public Service Commission after perusal of relevant papers and documents issued interview cards to all the suitable candidates including the writ petitioners..Category: Employment/Service Law | Date: | Hits: 86
Md. Belayet Hossain Vs. Abul Fayez Md. Abdullah and others, 2005, 34 CLC (AD)
....matter of the suit and as such it was necessary to allow him to be impleaded as an opposite party in the civil revision and that being not done there has been an error of law occasioning failure of justice. He further submits that if possession is restored in favour of the respondent No.1 pursua......such view of the Matter we do not find any substance in the submissions of the learned advocate. In view of the discussions made above leave petition is accordingly dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Fulbaria Market Dokandar Malik Samity Vs. Khatigrastha Dokandar Kallyan Samity, 2005, 34 CLC (AD)
.... be deposited within one month. Preparation of paper book is dispensed with as prayed for. Status quo granted earlier be extended for further 6 (six) months from date. Ed. ......g the application for mandatory injunction directing the respondent petitioners to hand over possession of the suit property which they have been possessing for long time on the basis of legal document executed by the Dhaka City Corporation. 11. He submits that the High Court Division..Category: Civil Law | Date: | Hits: 120
Md. Idrisur Rahman Vs. Syed Shahidur Rahman and others, 2005, 34 CLC (AD)
....4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ......4 passed by the High Court Division in Writ Petition No. 2454 of 2004 be stayed for 6(six) months. The petitioner is directed to make the appeal ready for expeditious hearing. Ed. ..Category: Others | Date: | Hits: 97
GM, Rangpur Palli Bidyut Samity Vs. Md. Ali Reza, 2006, 35 CLC (AD)
....ly, the plaintiff could not cross-examine the witnesses deposed before the Inquiry Committee and hence he was denied the right of self-defence and there has been violation of the principle of natural justice and that on the basis of the report submitted by the Inquiry Committee, the plaintiff was di......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
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. ......s 3 minor brothers, that his brothers had never owned and possessed any part of the land of CS plot No. 366, that Heba-bil-Ewaz deed of defendant No.4 in favour of his wife Safatunnessa is a forged document and, as such, plaintiff has not acquired any title by purchase from Safatunnessa. At one ..Category: Property Law | Date: | Hits: 44
Iftekhar Hasan (Md) @ Al Mamun and others Vs. State, 2007, 36 CLC (AD)
....dequate legal assistance to the petitioners and, as such, the case has not been properly conducted in the trial Court. 53. He however, emphasizes that this Court in its jurisdiction to do complete justice may look into the materials which if examined thoroughly would reveal that in fact, the pros......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. ..Category: Criminal Law | Date: | Hits: 213
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. ......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. ..Category: Property Law | Date: | Hits: 47
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. ......e was a lease-deed or a licence and upon examining its terms and conditions, and in view of the fact that the actual possession was delivered lo the allottee, the learned Single Judge interpreted the document and held it to be a 'lease' and not a 'licence' and that the lessee has got a right which i..Category: Property Law | Date: | Hits: 40
Nurul Huq Khan Vs. GM, Sonali Bank, Head Office, Dhaka, Bangladesh and others, 1989, 18 CLC (AD)
....ard of Directors as required under the said rules, the whole proceeding was vitiated and this aspect of the matter was ignored by the learned Judge of the High Court Division causing a failure of justice. 5. It appears that the aforesaid submission was fully considered by the learned Judge of......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
Atiqur Rahman and another Vs. State, 1989, 18 CLC (AD)
....ppellants is found to be justified based on correct appreciation of evidence and circumstances of the case. The appeal is dismissed. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 176. ......89. Result: The appeal is dismissed. The Code of Criminal Procedure, 1898 (v of 1898), section 342 The accused appellant did not take the plea of inadvertence during trial, in signing the documents, causing the offence. The accused while examined under section 342 of Cr.P.C, all the incr..Category: Criminal Law | Date: | Hits: 45
Abed Ali Vs. State, 1990, 19 CLC (AD)
.... accused had demanded the share of their mother's property and for that বিরোধ সৃষ্টি হইয়াছে that the appellant was a freedom-fighter and so he could not suffer any injustice, that in 1974 the informant had purchased lands from some people by tricks and it was the ap......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. ..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. ......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. ..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. ......n paying rents and taxes. 4. It is the concurrent finding of both the Courts below and the High Court Division that neither the plaintiff-appellant nor the defendant-respondents could prove by any documentary evidence that either Raj Kumar or Surya Kumar or both had obtained any settlement of t..Category: Tenancy Law | Date: | Hits: 169
Md. Sarwar Vs. Bangladesh, 2005, 34 CLC (AD)
....is seniority. If the writ petitioners succeed in their case, the Administrative Tribunal has the power to order for promotion with seniority and thus it is open for the writ petitioner to get justice from Administrative Tribunal in due course, though it may take time. Time factor cannot be ...... the opinion that the High Court Division took a correct view and as such the impugned judgment does not call for any interference. The leave petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 80
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; ......d property through bargaders, that plaintiff No.2 while staying in the house of Izzatullah Chowdhury as widow of his foster son, Tofazzal Hossain, fraudulently obtained possession of some original documents including the deed dated 25 Falgoon, 1345 B.S. and transferred those documents to her fat..Category: Property Law | Date: | Hits: 67
Alhaj Sona Ullah Vs. Aminur Rahman, Sec, Min. of Work, BD Secretariat, DHK & ors., 2005, 34 CLC (AD)
....sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ......sed on correct interpretation of law and we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Bangladesh Vs. Mst. Saleha Khatun and others, 2006, 35 CLC (AD)
.... Evidence Act is not available to the same. In the background of the discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed with costs at all stages. Ed. ......t and decree of the appellate Court moved the High Court Division in revisional jurisdiction and obtained the Rule. The High Court Division made the Rule absolute primarily taking the view that the documents i.e. Amalnama, the kabuliyat and the rent receipts on the basis of which plaintiffs are cl..Category: Property Law | Date: | Hits: 42
Anowarul Hoque Vs. Mohammad Tafazzal Mondal and others, 2006, 35 CLC (AD)
....vil Procedure and such appointment being illegal and without jurisdiction, the Rule ought to have been made absolute for the protection of rights/ interests of the minors and also for ends of justice; in the case of Bhagoban Das vs. Mahadeb reported in AIR 1923 Allahabad 298 it has been hel......k. 1000/- is to be deposited within one month. Preparation of paper book is dispensed with as prayed for. The petitioners are permitted to add additional grounds. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Aslam Khan Vs. Haji Abdur Rahim and others, 2006, 35 CLC (AD)
....cts and circumstances of the case and the findings made by the last Court of fact as well as by the High Court Division the learned Counsel for the appellant submitted that for the interest of justice the case may be sent back to the trial Court to enable the plaintiff to call the thumb imp......ble evidence being nil. 8. Leave was granted to consider the contention that plaintiff having had denied to have executed the alleged kabala the onus was upon the recipients of the document to prove the same as genuine but the recipients having had not proved the same the trial C..Category: Property Law | Date: | Hits: 35
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