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Ranjit and others Vs. Bangladesh, 2006, 35 CLC (AD)
.... for leave to appeal is directed against the judgment and order dated 31.08.2005 passed by a Division Bench of the High Court Division in Writ Petition No. 4511 of 2005 making the Rule absolute in part. 2. Short facts are that the petitioners are class three and class four employees of th......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ......ed at a correct decision. There is no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 58. ..Category: Employment/Service Law | Date: | Hits: 70
Shahidul Hoq @ Md. Shahidul Hoq Vs. Bangladesh, 2006, 35 CLC (AD)
....tuted the above Title Suit No. 121 of 1990 praying for declaration that the plaintiff i.e. the Government of the People's Republic of Bangladesh, is the owner of the suit land and that the ex parte decree dated 4.3.1975 passed by the learned Munsif (now Assistant Judge), 1st Court, Comilla......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ......rived at a correct decision and there is no cogent reason to interfere with the said decision. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 51. ..Category: Property Law | Date: | Hits: 27
Bijoy Kumar Sarbabidya Vs. Government of Bangladesh & others, 2006, 35 CLC (AD)
....l pro-forma defendant No.4, on 30.8.1947, entered into an agreement for sale of the suit land to him for a consideration of Tk.1,00,000/- and he having paid a sum of Tk.95,000/-, on that very date as part performance of contract the vacant possession of the suit land along with title documents, ......there is also no evidence as to when the plaintiff started to possess adversely against real owners and when such possession became hostile; P.W. 1 in her deposition admitted that even after the full payment no attempt was made to get any document from the original owners and no demand was also made......not point at any error or infirmity in the decision of the High Court Division so as to call for interference. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 44. ..Category: Property Law | Date: | Hits: 39
Chairman, Raisree (North) Union Parishad & anr Vs. Abdul Khaleque & anr., 2006, 35 CLC (AD)
....ivision made the Rule absolute. 3. The learned counsel for the petitioners submits that P.W.1 stated that after filing the suit the defendants forcibly constructed the road in the last part of Baishak, the plaintiffs in their application dated 26.7.89 praying for local inspection adm......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ......ion and as such there is no cogent reason to interfere with the judgment sought be appealed. The petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 40. ..Category: Property Law | Date: | Hits: 37
Atiqullah alias Atik Vs. Mohammad Safiquddin, 2006, 35 CLC (AD)
....urt reversed the judgment and decree of the trial Court on the finding that plaintiff has failed to prove his exclusive possession in the land in suit and that suit is not maintainable as both the parties have claimed title to the land in suit. 6. At one stage of the proceeding, in all pr......read the oral evidence and misconstrued the pleading of the parties and ignored the vital peace of evidence i.e. the S.A. Khatian prepared in the name of the plaintiff and the rent receipt showing payment of rent by the plaintiff and thereupon held that the appellate Court on misreading and misc...... In that state of the matter we do not find any substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 36. ..Category: Property Law | Date: | Hits: 26
Government of Bangladesh & others Vs. Jahangir Alam & others, 2007, 36 CLC (AD)
....the letters dated 8.1.2003 vide Annexures-U and U-l in Writ Petition No. 4344 of 2003 should not be declared to have been made without lawful authority and to be of no legal effect. 3. The Department of Agricultural Extension, Ministry of Agriculture, embarked on the aforesaid SPPS P......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ......eady ended on 30.6.2006 impugned judgment is liable to be struck-down. The appeals are accordingly allowed without costs. Ed. This Case is also Reported in: V ADC (2008) 29. ..Category: Constitutional Law | Date: | Hits: 146
Shushil Chandra Nath Vs. Shanjib Kanti Nath and another, 2007, 36 CLC (AD)
....rt that trial Court also was of the view that the statement of P.W.2 that signature in the deed of gift is of Mohendra Kumar Nath was an apparent mistake is erroneous in that the trial court in no part of its judgment has held that the statement of the P.W.2 relating to the signature of Moh......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ......discussion made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 21. ..Category: Property Law | Date: | Hits: 46
State Vs. Md. Rafique Ahmed, 2007, 36 CLC (AD)
....onsibility of the misappropriated money admitting that he alone defalcated the money and no one else was with him and also paid 50,000.00 by a cheque bearing No.035827 dated 04.05.1992 as part payment towards the defalcated amount and also prayed to the authority to adjust the rest defa......ility of the misappropriated money admitting that he alone defalcated the money and no one else was with him and also paid 50,000.00 by a cheque bearing No.035827 dated 04.05.1992 as part payment towards the defalcated amount and also prayed to the authority to adjust the rest defalcate......he learned Deputy Attorney General for the petitioner merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 178. ..Category: Criminal Law | Date: | Hits: 62
Malek Gharami Vs. State, 2007, 36 CLC (AD)
.... the accused person i.e. husband of the deceased and thereupon the informant went there and found the dead body of his daughter in the 'Khal, that the informant noticed injuries in different parts of the body of his daughter and of the view that his daughter had been killed, that inform&sh...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ...... interfere with the judgment of the High Court Division sought to be appealed. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 171. ..Category: Criminal Law | Date: | Hits: 38
State Vs. Matiur Rahman, 2007, 36 CLC (AD)
....t in a calculated manner by awakening her from the sleep and taking her out of the bed without causing any other physical harm to her and on the other hand it is rather possible for any third party to cause one single stab injury to remove any obstacle in his way while committing theft whic......gh Court Division further held that the normal phenomena in wife killing cases is that the victim wife is either beaten to death or throttled to death by the husband out of rage or disgust for non-payment of dowry and that though it is well neigh impossible for the husband to cause death to his ......on of the High court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 4; V ADC (2008) 164. ..Category: Criminal Law | Date: | Hits: 58
Most. Rashida Khatun Vs. Sakina Begum and others, 2007, 36 CLC (AD)
....Division committed an error of law in discharging the Rule as a whole wherein the respondent did not claim any title and possession in the 'Kha' schedule land therefore, suit should have been partly decreed and the Rule should have been made absolute in part and this important aspect of the...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ...... appeal. Accordingly, the appeal is allowed in part and dismissed with regard to Plot No. 4833 without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 140. ..Category: Property Law | Date: | Hits: 24
Rahmat Ali Vs. Md. Abdul Gani and others, 2007, 36 CLC (AD)
....ct Judge, 2nd Court, Pabna in Other Class Suit No. 130 of 2000 reversing those dated 14.06.2000 by the Senior Assistant Judge, Sadar, Pabna in Other Class Suit No. 68 of 2000 decreeing the suit in part in preliminary form. 2. Respondent Nos.1-13 as plaintiffs instituted Other Class S......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ......the submissions of the learned Advocate for the petitioners. The petition for Leave to Appeal is accordingly dismissed. Ed. This Case is also Reported in: V ADC (2008) 131. ..Category: Property Law | Date: | Hits: 26
Faiz Ahmed Chowdhury Vs. Alhaj Shamsul Huda Chowdhury and others, 2007, 36 CLC (AD)
....tagong in Civil Revision No.135 of 2004 disallowing the revisional case and affirming the judgment and order dated 28.03.2004 passed by the Court of first Additional Assistant Judge, Chittagong in partition Suit No.58 of 1991 rejecting the application of the petitioners under Section 151 of the ......ssessing the same as ejmali property with the defendants; that he has mutated his name for the said land vide Mutation Case No. 197 of 1987-88 and has been running his business therein on payment of rents and by holding trade licence from the Paurashava; that Ochi Miah was owner of the ......bstance in the submissions of the learned Advocate for the respondent. Accordingly, the Civil Petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 128. ..Category: Property Law | Date: | Hits: 38
Md. Rafiq Uddin and another Vs. Md. Khorshed Ali Mollah and others, 2007, 36 CLC (AD)
....ed the suit by filing written statement denying the plaint Case stating that the suit was not maintainable in present form and was barred under the law of limitation. There was defect of parties. The Suit was not properly valued. The defendants stated that the suit land under C.S.......ers owned and possessed the entire property. Rokeya by a deed of Heba dated 11.1.1958 transferred 3.30 acres of land to her husband Abdul Khaleque Khan, who in his turn enjoyed the property on payment of rents in his name. It was mentioned that Sabiran Bibi and Rokeya had inducted a Korfa te......tance in the submissions of the learned Advocate for the petitioners. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 115. ..Category: Property Law | Date: | Hits: 27
Pubali Bank Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....question was taken over by the Government as abandoned property. The petitioner accepting the property in question as an abandoned property applied to the abandoned property authority for lease of part of the property in question and the abandoned property authority leased out the property (part......und of the discussions made hereinbefore we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 112. ......llant that the Respondent No.3 owes huge dues to the bank is not material in the context of the matter involved in the case brought by the appellant before the Court and that the question of taking loan by the Respondent No. 3 and the liability thereof, if any, to the Bank are extraneous matter ..Category: Property Law | Date: | Hits: 36
Abdul Wazed Sharif Vs. Shudhir Ranjan Biswas and others, 2007, 36 CLC (AD)
....rs to the case land and though the preemptor-respondent Nos.1 and 2 are co-shares by inheritance no notice was served upon them and they also had no knowledge of the above transfer till later part of Agrahayan, 1383 B.S. when he for the first time came to know about the above transfer and t......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ......t Division and so call for any interference. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: V ADC (2008) 108. ..Category: Property Law | Date: | Hits: 21
Mesbahuddin Ahmed Vs. M/s. James Finlay, 2007, 36 CLC (AD)
....3. The defendant contested the suit by filing written statement contending that the terms and conditions of the tender notice constituted the contract of sale of the suit property between the parties as soon as the tender of the plaintiff was accepted by the defendant and since the plaintif......e also deposited Tk.15,00,000/- with the defendant as earnest money. Offer of the plaintiff was provisionally accepted subject to the fulfillment of certain terms and conditions which included payment of the balance amount of Tk.56,75,000/- within one month from the date of acceptance calcu......ssing the appeal does not call for any interference. The appeal is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 104. ..Category: Property Law | Date: | Hits: 33
Sonali Bank Vs. Md. Zalaluddin and others, 2007, 36 CLC (AD)
....2. The respondent No.1 filed the above Administrative Tribunal Case No. 44 of 1995 on the averments that while he was serving as the Manager of Sonali Bank, Mongalbarihat Branch, Naogaon a departmental proceeding was started against him by issuing show cause notice dated 16.2.1993 con......d into order of compulsory retirement with effect from the date of order of dismissal. There will be no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 96. ......arities having been detected in the above Branch during his tenure, the respondent No.1 was again posted at that Branch twice affording him adequate opportunities for regularising all the irregular loans but, he failed to do anything for protection of the interest of the appellant Bank..Category: Administrative Law | Date: | Hits: 104
Divisional Forest Officer, Dhaka Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....udge, Gazipur which was subsequently renumbered as T.S. M No. 10 of 1992 in the 2nd Court of the Additional Assistant Judge, Gazipur for declaration that T.S. No.308 of 1973 and the ex parte decree obtained therein by the defendant No.1, Gopal Baroi, is forged, fabricated, coll......er of Kushimpur and the C.S. record was prepared accordingly. Defendant No. 1, Gopal Baroi, took settlement of the suit land from the said Zaminder and he was in possession of the same on payment of rent. But the S.A. Khatian was wrongly prepared in the name of the Government for w......d by the trial court is restored. 13. The appeal, for the above reason, is accordingly allowed with costs at all stages. Ed. This Case is also Reported in: V ADC (2008) 91. ..Category: Property Law | Date: | Hits: 35
Md. Asgar Ali alias Asgar and others Vs. State, 2007, 36 CLC (AD)
....upon Jahurul Huq in his left hand and other accused assaulted him with lathi and then victim fell down and that the number of the accused persons being larger than that of informant, the informant party fled away out of fear and came to know that victim Jamal had been confined there and other vi......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ......d reduced the sentence of the petitioners. There is nothing to interfere. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: IV ADC (2007) 897. ..Category: Criminal Law | Date: | Hits: 43
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